Right of indemnity established against contractor when contract for service is unambiguous, containing explicit hold harmless and damages responsibility provisions, and subcontractor’s job-related actions result in property damage.

Wilmington
Architectural, Engineering & Construction Defect Litigation
The plaintiff, a construction entity, originally contracted with the defendant to provide finished concrete products to a construction site. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Defendant did not have constructive notice of uncovered manhole to satisfy requirements of New Jersey Tort Claims Act.

Mount Laurel
Public Entity & Civil Rights Litigation
The New Jersey Appellate Division affirmed granting of summary judgment for the City of Newark in a case where a manhole cover became dislodged during a heavy rain storm. The plaintiff lost control of her car after driving over the open manhole. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Pennsylvania Superior Court affirmed judgment on the pleadings in legal malpractice case based upon statute of limitations.

Philadelphia - Headquarters
Lawyers' Professional Liability
The plaintiffs alleged the court erred in not allowing them to amend their pleadings to clarify facts regarding equitable tolling and erred in not recognizing that issues of fact existed. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Affidavits must be based on personal knowledge, set out facts admissible in evidence, show affiant’s competence to testify on matters stated. Insurer not required to show real prejudice from failure to provide sworn proof of loss, as required by policy.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
The trial court granted the insurer’s motion for final summary judgment and considered the affidavit of the corporate representative, as well as the attachment. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Third District Court finds that an insured’s knowledge of a possible claim is critical to the calculus of determining prompt notice.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice.  Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Pennsylvania Superior Court affirmed trial court’s dismissal of case because appellant waived her substantive claims by not moving to strike the non pros prior to appealing.

Philadelphia - Headquarters
Health Care Liability
The appellant initiated a lawsuit, pro se, raising negligence and strict liability claims arising out of allegedly negligent treatment received for gastrointestinal symptoms. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Refusal to provide voluntary inpatient examination and treatment to persons who submit for examination now subject to review under Pennsylvania’s Mental Health Procedures Act.

Philadelphia - Headquarters
Health Care Liability
Under Pennsylvania law, medical providers and facilities may be held liable for refusal to provide voluntary inpatient examination and treatment to a person who submits him or herself for examination and treatment when the refusal constitutes will Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Tractor-trailer slamming into traffic stopped due to prior accident was a “foreseeable byproduct” of initial accident, barring summary judgment in favor of driver who had previously crashed and was stopped in traffic for a long period of time.

Westchester
Trucking & Transportation Liability
This highly interesting decision claims to be in line with our jurisdictions, but it appears to carve out additional liability, even in situations where the party seeking summary judgment is not the proximate cause of the subject accident.  Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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